HomeMy WebLinkAbout14310 Whitworth - Kump, Donald/Cynthia 200300091499
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
11n) 09 -08 -2003 At 01:43 pm.
\�J ENCROACHMNT 20.00
CONSENT TO ENCROACH
APPROVED AS TO FORM 8Y
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Donald T. Kump and Cynthia M. Kump, husband and wife, 14310 Whitworth Drive, Carmel, Hamilton
County, Indiana 46033 (individually and collectively, "Owner and the City of Carmel, Hamilton
County, Indiana, by and through its Board of Public Works and Safety "City
WITNES SETH:
WHEREAS, Owner owns in fee simple Lot Number 159 "Lot with a common address of
14310 Whitworth Drive, Carmel, Hamilton County, Indiana 46033, in the Worthington Estates
Subdivision which is located within the corporate limits of the City of Carmel, Indiana "Subdivision
and
WHEREAS, the official plat of the Subdivision was recorded in Plat Cabinet 1, Slide 425 as
Instrument #9426917 in the Office of the Hamilton County Recorder on June 19, 1994, as Worthington
Estates, Section 1; and
WHEREAS, the Owner wishes to construct a fence (the "Fence on the lot; and
WHEREAS, Owner has given the City a sketch "Sketch depicting the proposed location of the
Fence on the Lot, a copy of which is attached hereto and incorporated herein by this reference as Exhibit
A; and
WHEREAS, the Fence will be constructed on a portion of the Lot designated as a Drainage
Utility Easement "Easement identified as "15' D. &U.E." on Exhibit A; and
WHEREAS, the Easement is beneficial to the City and its residents; and
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WHEREAS, as indicated on the Sketch, the Fence will encroach (the "Encroachment upon the
Easement, which Encroachment is crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibit A; and
WHEREAS, the location of the Fence as indicated by the Owner on Exhibit A should not
materially interfere with the City's use of the Easement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the parties mutually promise, agree and covenant as follows:
1. The foregoing preambles, recitations and definitions are made a part hereof as though such
were fully set forth herein.
2. The City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the Fence from what is depicted on Exhibit A.
4. Owner agrees that City shall have the right to remove any portion of the Fence as City
deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines,
sewer lines or drainage ditches located in the Easement, or for any other lawful purpose,
and that, should the City take such action, the City shall incur no obligation to repair,
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replace or reimburse Owner for the cost of any damages thereby caused to the Fence or to
Owner.
5. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
employees, invitees, licensees and agents, from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or
death, and from any destruction or damage to any property or improvements, located on the
Lot, or otherwise, which results directly or indirectly from any act of the City, its
employees, contractors and/or agents in the Easement.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Easement and any improvements located therein
caused by the installation, construction, maintenance and/or operation of the Fence.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City a recorded copy of same within ten (10) business days of the effective
date of this Agreement. In the event this Agreement is not timely recorded by Owner,
Owner agrees and consents to City recording same, at Owner's sole expense.
8. The parties agree that the terms of this Agreement shall be binding upon and inure to the
benefit of their respective heirs, administrators, successors and assigns.
9. The parties executing this Agreement represent and warrant that they are authorized to
enter into and execute this Agreement for and on behalf of the party which they represent.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
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"OWNER" "CITY"
CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLI WORKS AND SAFETY
C
Done um `Mmes Brainard residing Officer
SSN: 1,Z0 82. -40c Date: Q,7
Date: ?•U3
Mary Ann Burke, Member
9 1 Date:
Cynthia Kump Lori Watson ber
SSN: 3Re 22- 31 Date 8/D-0
D- a ....0
Date: 8. 0 3 �s M.
ATTEST: rt .,�t
i• y Johfln g son,
I l ti s d '''"a pppj8 for
Diana Cordra 14 -iTreas rer
Date: Zd 5 y l a
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
[ebnnword::\ shared \dhill forms \kumpconsentdoc:8 /7/03] 4
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared DONALD T.
KUMP and CYNTHIA M. KUMP, by me known, and who acknowledged the execution of the foregoing
"CONSENT TO ENCROACH" as his or her voluntary act and deed.
Witness my hand and Notarial Seal this day of (i1a csik z(31'6°.4
NOTARY PUBLIC 1 j
My Commission Expires: J a'
V' 1 Printed Name
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me know nd by me a bb e t
Members of the City of Carmel Board of Public Works and Safety, and D A L. c RA...Y; ,Cler
Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foregoing? "Cogsent, To
Encroach" on behalf of the City of Carmel, Indiana. °i
C;
Witness my hand and Notarial Seal this 2 of
..L 204.x: A
^'-'tom �°'`1 r.sY s
NOTARY PUBLIC
My Commission Expires:
.444 041/L5
1 7 1 A/ /ak Printed Name
My County of Residence:
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel,
Indiana 46032.
[ebasword¢: shared \dhill forms \Aumpconsent.doc:8 /7/03] 5
SURVEYOR LOCATION REPORT
THIS REPORT IS DESIGNED FOR USE BY A TITLE INSURANCE COMPANY FOR RESIDENTIAL LOAN POLICIES. NO CORNER MARKERS WERE
SBT AND THE LOCATION DATA HEREIN 19 BASED ON LIMITED ACCURACY MEASUREMENTS. THEREFORE, NO LIABILITY WILL BE ASSUMED
FOR ANY USE OF THIS DATA FOR CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES,
PROPERTY ADDRESS: 14310 WHITWORTH DRIVE, CARMEL, IN 46033
LEGAL DESCRIPTION: LOT 159 IN WORTHINGTON ESTATES, SECTION ONE, AN ADDITION TO THE
CITY OF CARMEL, THE PLAT OF WHICH IS RECORDED IN P.C. NO. 1, SLIDE
NO. 425 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY,
INDIANA.
SUBJECT, HOWEVER, TO ALL EASEMENTS RIGHTS OF WAY OF RECORD.
GNO x x
SAN /r4 Rk PROPOSED SHADOW
S 9 NEIGHBOR'S BOX TYPE FENCE ONE
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EXHIBIT ..11nlllll811lIIbiu1..
I A ENCROACHMENT T
SCALE 1" =30'
NOTE: NO VISIBLE EVIDENCE OF.POSSB0SION FOUND EXCEPT AS NOTED. Any of tho fences shown on this drawing are shown In an approximate
location. Since them havo boon no property comers sot, no certification is made as to the accuracy of rho location of any fence.
TITLE COMPANY: MORGAN ASSOCIATES TITLE CO. CASE 6 03296004
1 HEREBY CERTIFY ONLY TO THE PARTY NAMED ABOVE THAT THE REAL ESTATE DESCRIBED HEREIN WAS INSPECTED UNDER MY
SUPERVISION ON THE DATE INDICATED AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF. THIS REPORT CONFORMS WITH THE
REQUIREMENTS CONTAINED IN SECTIONS Z7 THROUGH 29 OF 865 IAC 1.12 FOR A SURVEYOR LOCATION REPORT.
PROPOSED BUYERt DONALD T. CYNTHIA M KUMP
PROPOSED LENDER: OMAC MORTOAGE CORP.
SELLER/OCCUPANT: BRIAN C. DINA C. DREW
INSPECTION DATEt JULY 23, 2003
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